§ 42-122-7 — § 42-122-7. Designation as a natural area preserve.

§ 42-122-7. Designation as a natural area preserve.

An area designated as a natural area preserve is declared to be put to its highest, best, and most important use for public benefit and no interest in this preserve owned by the state shall be alienated or put to any use other than as a natural area preserve, except upon a finding by the director in consultation with the natural heritage preservation commission, that the qualifying features of the land have been destroyed or irretrievably damaged and that the public purposes of the designation have been utterly frustrated.

Any finding the director is required to make under this section shall be made only after a public hearing and upon notice. The notice required by this section shall set forth the substance of the proposed action and describe, with or without legal description, the area affected and shall set forth the time and place of the hearing and shall be published at least twice (2) a week for three (3) successive weeks before the hearing in a newspaper published in the county where the property is located and in a newspaper with statewide distribution. No finding, which the director is required to make, shall be effective until the finding has been published. No action shall be taken by the state pursuant to the finding prior to the expiration of sixty (60) days after the finding becomes effective. During the sixty-day (60) period, any finding may be appealed by any resident of this state in a suit brought against the director in the superior court for the judicial district of Providence. In any action, the court shall vacate the finding if it finds the director acted arbitrarily or illegally in making the finding. During the pendency of an appeal the state shall take no action pursuant to the findings of the director.

Legislative History

P.L. 1993, ch. 246, § 1.